FACTS & QUESTION FOR ASSIGNMENT The rules of evidence at Common Law

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LLW4007 S2B1 2022: FACTS & QUESTION FOR ASSIGNMENT
2A

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Table of Contents
Question 1........................................................................................................................................2
Question 2........................................................................................................................................4
Bibliography....................................................................................................................................6

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Question 1
Issue
The issue is Roslie object and stated at the court against Josue, Josue threatened Roslie with fist
hand for that reason she only slapped on the hand of Josue. The umbrella that is produced in the
court as evidence is not the umbrella of her. On the other hand she also claimed that Josue is
going to bring out something big from his bag because of that she also got feared. Jossue
produced the court fake evidence. So the issue of the Jossue is whether he is able to develop any
ground against the objection of Roslie.
Rule
The rules of evidence at Common Law1 stated that legal rules always prohibit the production
court presentation of the evidence on the time trials even though those are relevant to the various
factual propositions of the subject of matter or the materials. On the other hand there is also need
to mention that the respective rule further renders inadmissible to the evidence that they apply to
and require that the judge exclude that. For example the rules against the evidence for character
and the rule against the bavardage evidence. On the other hand evidence that is inadmissible
irrelevant means is immaterial or meaningless that easily can be refused as there is no such
evidence can be retained from that2. So there is a need to understand the materiality or
admissibility of any evidence that may be produced or adducted as evidence in the court.
Evidence Act 2008 (Vic)3. is stated that evidence can be produced at the time of the proceeding
of any case to provide the court an appropriate direction. The direction making only takes place
if a party, plaintiff or defendant in the time of proceeding of the application for such a
direction to properly proof of a fact that takes place and as per the court’s opinion there are
need of proof for proceeding about the fact because that is significant in determination of the
sentence that has provided by the court must be imposed in the time of proceeding. The
respective act also provides a clear idea about “Competence and compellability of witnesses”4.
1 "Rule Of Evidence In Criminal And Civil Proceedings - Ipleaders", Ipleaders (Webpage, 2022)
<https://blog.ipleaders.in/rule-of-evidence-in-criminal-and-civil-proceedings/#:~:text=Legal%20rules%20prohibit
%20the%20presentation,the%20rule%20against%20character%20evidence.>.
2 "Rule Of Evidence In Criminal And Civil Proceedings - Ipleaders", Ipleaders (Webpage, 2022)
<https://blog.ipleaders.in/rule-of-evidence-in-criminal-and-civil-proceedings/#:~:text=Legal%20rules%20prohibit
%20the%20presentation,the%20rule%20against%20character%20evidence.>.
3 vicbar.com.au, Vicbar.Com.Au (Webpage, 2022) <https://www.vicbar.com.au/sites/default/files/Evidence%20Act
%202008%20%28Examinable%20Excerpts%20as%20at%202%20October%202017%29_0.pdf>.
4 vicbar.com.au, Vicbar.Com.Au (Webpage, 2022) <https://www.vicbar.com.au/sites/default/files/Evidence%20Act
%202008%20%28Examinable%20Excerpts%20as%20at%202%20October%202017%29_0.pdf>.